Children and young persons

Question 1

Section 214

Answer 1

That an officer shall not arrest a CYP unless it is necessary to: - prevent interference with witnesses - ensure appearance at court - prevent evidence from being CADDd - prevent further offending OR That Police RGTS that a 14+ offence (cat 3/4) has been committed AND that it is in the public interest.

Question 2

Section 215

Answer 2

CYP to be informed of rights before being questioned by an enforcement officer

Question 3

When a young person has been arrested, how many days do you have to do the *YOUTH?

Answer 3

3 days

Question 4

Under 214 (i-iii) what other consideration is there regarding whether you should arrest a CYP?

Answer 4

214(1) - That you can arrest only when proceeding by summons would not achieve the purposes listed in WEEP.

Question 5

The principle to avoid arrest is waived in what circumstances?

Answer 5

• A cat 3/4 offence (must be 14+ years) AND that it is in the public interest.

Question 6

Name two other situations where 214 legislation doesn’t apply

Answer 6

1. EBA
2. Section 342 of the Immigration Act

Question 7

What is section 215?

Answer 7

Informing juvinile offenders of their rights

Question 8

Section 215 - describe it

Answer 8

215(1)(a) Before questioning a CYP you must explain to them:

(a) They may be arrested if - refuse details and you want to summons
(b) Don’t have to accompany - and can withdraw consent if they do
(c) Don’t have to give statement
(d) If give statement they can withdraw consent
(e) Statement can be used as evidence AND
(f) Can consult with NP/lawyer/both
(2) a and b don’t apply if CYP K9d
(3) If they admit they did it - read them YBOR again.

Question 9

215A - What is it?

Answer 9

That if they ask for their rights you have to explain them again

Question 10

List five situations when YBOR need to be explained

Answer 10

1. Under arrest
2. RGTS offence
3. Before questioning them if you intend to obtain admissions
4. When during questioning you RGTS - offence
5. When they ask about any of 215 (however you only need to explain what they ask about. Not all the YBOR)

Question 11

When do YBOR not need to be explained?

Answer 11

1. EBA
2. 342 Immigration Act
3. Given within the previous hour

Question 12

What is section 218 about?

Answer 12

That you need to explain YBOR to them in a manner they understand

Question 13

What is 222?

Answer 13

Who can be a nominated person

Question 14

Who can be a nominated person under 222?

Answer 14

222(a) - Parent/Guardian of the CYP

222(b) - Adult member of their family/whanau

222(c) Other adult nominated by the CYP

222(d) If they fail to nominate then we can nominate

Question 15

When can you refuse a NP that a CYP has nominated?

Answer 15

• May pervert the course of justice.
• Cannot with reasonable diligence be found

Question 16

Doli Incapax

Answer 16

• Under 10 - cannot be legally held responsible
• 10-13 - cannot be legally held responsible UNLESS they knew their act or omission was wrong or contrary to the law

Question 17

How can a prosecutor establish that a child had the requisite knowledge to know what they were doing was wrong?

Answer 17

Mens Rea AND Actus Reus AND at the time of offending, knowledge of wrong or that the act/omission was contrary to law.

Question 18

Who could give expert evidence to show that the child knew that what they were doing was wrong?

Answer 18

A psychologist